Plaintiffs in wrongful death cases may think they have what it takes to win, but they won’t, unless they have this.

Meeting the Burden of Proof With a Preponderance of the Evidence

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Around 31 million people visited emergency rooms in 2011 because of unintentional injuries. Sadly, many of these accident victims died. Often, the cause of death was due to someone else’s negligence, such as a drunk driver, a doctor, or even an employer who provided unsafe working conditions.

Loved ones of accident victims are left with questions. They want to know why this happened and if there is any way they can seek justice for the negligence that resulted in their husband’s, wife’s, or parent’s death. They also want to know how they are going to provide for their families now that one less paycheck is coming into the household. Filing a wrongful death claim may provide you with answers to all of these questions.

Meeting the Burden of Proof

In a civil case, the burden of proof falls to the plaintiff. You may believe that your case is a definite win, but unless you can meet the burden of proof, the defense will get the victory. There are two main standards of proof in court cases. They are:

  • Preponderance of the Evidence. Considered to be a lower burden of proof than is required in a criminal court, in civil court you have to prove that it is more likely than not that the defendant’s actions were responsible for the victim’s injuries.
  • Beyond a Reasonable Doubt. Criminal courts require a much higher burden of proof, requiring that the jurors or the judge have no doubt of the guilt of the defendant. In other words, no other logical conclusion can be reached except that the defendant committed the crime.

Why You’ll Need an Excellent Attorney

Even though the burden of proof is lower in your wrongful death suit than it would be in a criminal suit, in order to prove that the defendant is guilty of negligence against your loved one, you’ll need the help of an experienced and skilled attorney. The Andrew Kim Law Firm wants to help you receive the justice you seek. Contact us today to learn how we have helped others in the Seattle area get what they deserve, and how we may be able to do the same for you.

Category: Wrongful Death


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